Archive for October, 2015

Texas Family Law Attorney Discusses Divorce after Age Fifty

Wednesday, October 28th, 2015

Divorce knows no boundaries when it comes to age. Couples of any age can encounter difficulties in their marital relationships that they feel would be best resolved by divorce. While divorcing couples as a group may face similar challenges, there are some issues that are especially relevant to marriages in which one or both of the spouses are fifty years of age or older.

For example, all divorcing couples must deal with the issue of property distribution. Regardless of a couple’s age, navigating the issue of who gets to keep the marital home can be complicated. Older adults are even more likely to younger adults to have developed a deep attachment to their home, and they may be reluctant to think about going to live anywhere else. However, owning a home is not without its responsibilities. If you are thinking about trying to keep your home, remember that the costs of home ownership will be yours to bear, along with the cost of maintaining your home and either paying someone to maintain it or doing things like mowing the lawn, repairing things that break, and shoveling the driveway and walkways yourself. It is also important to remember that the spouse who keeps the home will get fewer of the couple’s other assets, in order to compensate the spouse who is not going to keep the house for his or her share of the home’s value.

Other financial considerations for adults over the age of fifty who are considering divorce include retirement and alimony. Depending upon what your spouse does for work and whether they have any retirement funds of their own, you may have a few different options for addressing the issue of dividing up retirement funds. For example, if your spouse has a smaller retirement fund than you do, they may ask you to provide them with some of your retirement income, or they may ask you to give them other assets in exchange for being able to retain all of your retirement funds. You and your spouse’s past and present work history will also affect the issue of alimony. If your spouse has done little to no work outside of the home during your marriage, they are likely to be awarded long-term alimony because their post-divorce employment prospects are not the same as a spouse who is currently employed or who held a job during some of the marriage.

Older couples are less likely than younger couples to have to make plans for parenting time, because often, all of their children have reached adulthood. Despite the lack of a formal requirement to address the needs of their children, many divorcing couples with adult children do think about and plan for the continued roles of their adult children in their lives. If you and your spouse have talked about involving your children as caregivers for you as you age, it is important that you discuss whether and how your divorce will impact any plans that you have made. Of course, this will necessarily involve consulting with your children and involving them in the decision making process.

Texas Family Law Attorney Alex Tyra – Comprehensive Legal Support for Divorcing Texans

Divorce can happen at any age. Older adults face all of the challenges that other divorcing couples must grapple with, as well as some additional issues like alimony and the roles of their adult children in their lives. If you have questions about divorce, Texas Family Law Attorney Alex Tyra can help you. Call our office today, at (903) 753-7499.

Texas DWI Defense Attorney Urges Drivers to Use Caution on Halloween Weekend

Sunday, October 18th, 2015

This year, Halloween falls on a Saturday. This is both good news and bad news. If you enjoy Halloween parties, you may be excited for a weekend of fun. However, since Halloween is a holiday that is celebrated by both children and adults, there are safety concerns that law enforcement officers are well aware of. During the late afternoon hours and well into the evening, costumed children take to the streets for trick-or-treating. The increased presence of children on and near roadways increases the risk of pedestrian accidents for all drivers, and law enforcement officers will be out in full force to keep pedestrians as safe as possible. Increased law enforcement presence is likely to lead to more traffic stops. Since law enforcement officers are on a heightened alert for intoxicated drivers, they will not hesitate to test any driver for whom they have the slightest suspicion of intoxication.

Pedestrian safety is not the only focus of law enforcement officers on Halloween, though. The Texas Department of Public Safety is likely to implement a “no refusal weekend” for Halloween this year, after a successful “no refusal weekend” last Halloween. This year, “no refusal weekends” have been implemented on most major holidays, so there is a high likelihood that the same thing will happen on Halloween.

If you are unfamiliar with the concept of the “no refusal weekend”, it is important that you understand how traffic stops during these times differ from regular traffic stops. Whenever there is a “no refusal weekend”, any driver who is suspected of driving under the influence of alcohol will be required to submit to roadside breath or blood alcohol testing. If a driver refuses to submit to the testing, they will be arrested. After the driver has been arrested, a blood sample will be obtained from them while they are in police custody. Ordinarily, a driver on Texas roads who refuses roadside blood or breath testing will have their license suspended, but they will not be arrested.

Texas DWI Defense Attorney Alex Tyra – Comprehensive Legal Support for Texas Drivers

If you are pulled over by the police at any point in time, it is important that you do your best to prevent your traffic stop from turning into a DWI investigation. Remain calm, use a respectful tone of voice, and take care not to provide the police officer with much information. If you are taken into custody, exercise your right to remain silent, and ask to speak with an attorney right away. A knowledgeable Texas DWI defense attorney can do many things to build a strong case on your behalf, including checking for issues with the blood draw warrant, looking for mistakes in handling of the blood sample, and questioning the accuracy of the blood test results and the integrity of the procedure for taking and handling the blood sample. If you have been accused of driving under the influence of alcohol, contact an experienced Texas DWI Defense Attorney right away. If you have questions about DWI in Texas, call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or contact us online.

 

Texas Criminal Defense Attorney Discusses Concerns Surrounding the Use of DNA Evidence

Friday, October 2nd, 2015

In recent years, the use of DNA evidence has become more and more widespread in criminal cases. Recent concerns regarding the accuracy of DNA evidence have called into question the verdicts of thousands of criminal cases in which that evidence was instrumental in making a conviction.

The collection and analysis of DNA evidence is a scientific process. Just as is the case with other types of science, such as medicine, scientists are constantly gaining new insights and making new developments in the field of DNA analysis. This means that the methods that have been used to analyze DNA samples have not remained the same over time. Continued innovation and insight are valuable, but, just as is the case with other types of science, as our knowledge and experience with DNA increases, we may learn that what we had previously thought to be correct is actually incorrect. Recent advancements in the field of DNA analysis indicate that crime labs all over America may have misinterpreted the results of some DNA tests.

In misinterpreting the results of mixed DNA tests, crime labs may have unintentionally miscalculated the probabilities associated with the samples that were tested. DNA evidence is sometimes explained to jurors as a type of evidence that can provide an answer to questions regarding the likelihood that a certain event occurred. For example, how likely is it that anyone besides the defendant in a criminal case was present at the crime scene? Some estimates suggest that the misinterpretation of mixed DNA test results could have generated statements regarding probability that were extremely inaccurate, such as a one in fifty chance being described as a one in a million chance.

The potential implications of the aforementioned concerns are, as you might imagine, rather serious. The logistics involved in retesting thousands of DNA samples are both complex and costly. There have been over twenty five thousand cases in Texas alone which took place after 1999 and in which mixed DNA evidence was involved. There are serious legal concerns regarding the rights of criminal defendants who may have been convicted by juries who were misled by the seeming credibility and certainty of DNA evidence. These defendants may need to be retried, which could be very difficult for the defendants, the crime victims, and their families.

Texas Criminal Defense Attorney Alex Tyra – Providing Strong Defense When Texans Need it Most

Although there are currently some concerns regarding the analysis of DNA evidence, these concerns are not likely to reduce its role in criminal cases. An experienced criminal defense attorney understands all of the types of evidence that are used in criminal cases, and they can use this knowledge to build a strong case on your behalf. If you are charged with any type of crime, Texas Criminal Defense Attorney Alex Tyra may be able to help you. To learn more, please call our office today, at (903) 753-7499. Alternatively, you may contact us online.

 

 

 

Texas Criminal Defense Attorney Discusses Concerns Surrounding the Use of DNA Evidence

Thursday, October 1st, 2015

In recent years, the use of DNA evidence has become more and more widespread in criminal cases. Recent concerns regarding the accuracy of DNA evidence have called into question the verdicts of thousands of criminal cases in which that evidence was instrumental in making a conviction.

The collection and analysis of DNA evidence is a scientific process. Just as is the case with other types of science, such as medicine, scientists are constantly gaining new insights and making new developments in the field of DNA analysis. This means that the methods that have been used to analyze DNA samples have not remained the same over time. Continued innovation and insight are valuable, but, just as is the case with other types of science, as our knowledge and experience with DNA increases, we may learn that what we had previously thought to be correct is actually incorrect. Recent advancements in the field of DNA analysis indicate that crime labs all over America may have misinterpreted the results of some DNA tests.

In misinterpreting the results of mixed DNA tests, crime labs may have unintentionally miscalculated the probabilities associated with the samples that were tested. DNA evidence is sometimes explained to jurors as a type of evidence that can provide an answer to questions regarding the likelihood that a certain event occurred. For example, how likely is it that anyone besides the defendant in a criminal case was present at the crime scene? Some estimates suggest that the misinterpretation of mixed DNA test results could have generated statements regarding probability that were extremely inaccurate, such as a one in fifty chance being described as a one in a million chance.

The potential implications of the aforementioned concerns are, as you might imagine, rather serious. The logistics involved in retesting thousands of DNA samples are both complex and costly. There have been over twenty five thousand cases in Texas alone which took place after 1999 and in which mixed DNA evidence was involved. There are serious legal concerns regarding the rights of criminal defendants who may have been convicted by juries who were misled by the seeming credibility and certainty of DNA evidence. These defendants may need to be retried, which could be very difficult for the defendants, the crime victims, and their families.

Texas Criminal Defense Attorney Alex Tyra – Providing Strong Defense When Texans Need it Most

Although there are currently some concerns regarding the analysis of DNA evidence, these concerns are not likely to reduce its role in criminal cases. An experienced criminal defense attorney understands all of the types of evidence that are used in criminal cases, and they can use this knowledge to build a strong case on your behalf. If you are charged with any type of crime, Texas Criminal Defense Attorney Alex Tyra may be able to help you. To learn more, please call our office today, at (903) 753-7499. Alternatively, you may contact us online.